Experts call for
review of Geneva convention
No one protecting rights of soldier:
Gen Malik
NEW
DELHI, Dec 2:
There is an urgent need to review the Geneva convention
guiding armed conflicts in view of the new trends of
conflict emerging world over and proliferation of nuclear
weapons, experts said today.
The implementation of
international humanitarian law had become a one-sided
affair in the present era of proxy wars, trans-border
terrorism and insurgencies perpetrated with a design,
Army Chief General V P Malik said after inaugurating a
seminar on IHL here.
In such conflicts soldiers
have to face situations when they are confronted from
religious places and even hospitals which they have been
trained not to harm, Malik said.
Former Foreign Secretary J
N Dixit asked what was the role of the Geneva convention
if a nuclear conflict broke out. Can these laws give even
minimal assurance to civilians for their safety?
Malik said these lacunae
and problems needed serious consideration as there is no
one to protect the human rights of a soldier, who is a
civilian first and a soldier later.
Despite this, the Indian
Army was maintaining the highest tradition of human
values by following the Geneva convention in letter and
spirit despite provocations by its adversaries.
He said even during the
proxy war and counter-insurgency operations, whenever
there was a chance of civilian casualty, our boys follow
the principle of minimum force.
The Army Chief and Dixit,
however, chose to highlight the brutality shown by
Pakistan by killing the six Indian soldiers during the
recent Kargil conflict.
Malik said even then the
Indian Army demonstrated its commitment to humanitarian
laws by giving a decent burial to the disowned Pakistani
soldiers during the conflict despite mutilation of bodies
of Indian troops by Pakistani Army men.
Our adversary (Pakistan)
indulged in torturing and cold bloodedly murdering some
of our soldiers taken prisoners... Still we demonstrated
our commitment to the humanitarian laws by giving
dignified and decent burial to their disowned soldiers,
he said.
Dixit said nobody was
taken to task or even booked for killing the six soldiers
after they were taken as Prisoners of War.
He said although the Army
was criticised for harassing civilians during the
counter-insurgency operations, the law did not condemn
the killing of several civilians by militants.
The Indian Army took pride
in abiding by the four conventions on amelioration of the
condition of the wounded and sick in armed forces in the
field, and of the wounded, sick and shipwrecked members
of the armed forces at sea, on the treatment of Prisoners
of War and on the protection of civilians in time of war,
Malik said.
He said the concept of
humanitarian laws was part of Indian heritage and
culture.
Stating that humantarian
law required self-discipline, Malik said extensive
training was given to troops so that value for human life
was imbibed in them.
Dixit questioned the role
of the Geneva conventions vis-a-vis a foreign mercenary
perpetrating violence in Jammu and Kashmir.
In the present world,
there is a new phenomenon of undeclared conflicts and
guerilla warfare where such international laws have been
less than adequate, he said.
Judge Advocate General
(JAG) Major General S K Sanan said a long journey is yet
to be treaded in what is written and what actually
happens during actual conflicts.
He said the international
criminal court was yet to be established as it was not
ratified by several countries. The inaugural session was
attended by diplomats, military attaches of diplomatic
missions, eminent jurists and senior serving and retired
defence personnel.
Malik said, however,
implementation of International Humanitarian Law (IHL)
had become a one-sided affair in present era of proxy
wars, trans-border terrorism and insurgencies perpetrated
with a design.
The Geneva convention,
among the most universally ratified treaties, restricts
the means and methods of warfare and protects the
defenceless in armed conflicts.
Stating that humanitarian
law required self-discipline, Malik said extensive
training was given to troops so that value for human life
was imbibed in them.
Our training establishment
and institutions, such as college of combat, infantry
school, defence service staff college and the institute
of military law, have the subject as part of their
curriculum, he said, adding besides this we have been
regularly deputing our officers for courses on IHL in
Italy.
Expressing hope that the
seminar would provide ideal opportunity to discuss and
debate this subject from all angles, Malik said otherwise
implementation of IHL will become a one-sided affair.
He said the Indian army
had set up human rights cells to extensively monitor
implementation of these laws and to deal with any
aberration.
Our innumerable peace
keeping missions in the past 50 years bear ample
testimony to the fact that Indian army has the best track
record of observance of humanitarian law, the Army Chief
said.
He said over the years it
has gained importance and also become an issue for
discussion due to proliferating armed conflicts all over
the world on account of ethnic, religious, cultural and
other such identities.
The inaugural session was
attended by diplomats, military attaches of diplomatic
missions, eminent jurists and senior serving and retired
defence personnel. (PTI)
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